CHIEF Judge Ramona V. Manglona of the District Court for the NMI said attorney David Lujan violated Rule 16 for filing his motion to dismiss outside the scheduling order in the civil litigation involving Junior Larry Hillbroom.
According to the judge, the plaintiff is entitled to attorney’s fees and costs.
Attorneys Rachel Dimitruk and Mark Hanson represent Junior Larry Hillbroom in his lawsuit against his former attorneys Lujan and Barry Israel. Hillbroom is alleging legal malpractice, negligence, breach of fiduciary duty, fraud, and violations of Racketeer Influenced and Corrupt Organizations Act.
On Monday, Judge Manglona ordered Lujan to pay Hillbroom the following: (1) attorney’s fees of $4,050 for Mark Hanson, and (2) attorney’s fees of $5,312.50 for Rachel Dimitruk, for a total of $9,362.50.
“Lujan must pay the total amount of this order within 30 days of the issuance of this order,” the judge added.
Hillbroom’s lawsuit has been ongoing since 2010.
In a previous motion, Lujan asked the court to dismiss with prejudice the lawsuit because of Hillbroom’s recent arrest in a criminal case.
But according to Dimitruk, the motion to dismiss was not only filed well past the deadline, but “is yet another of [Lujan’s] blatant and sanctionable attempts to waste the time and effort of the federal court and to cause plaintiff further expense and embarrassment.”
She said Lujan’s motion is in violation of the federal rules of civil procedure. “Lujan’s untimely, abusive, rehashed motion advances arguments already rejected by the court in numerous prior rulings in this case including a decision related to Junior testifying remotely,” Dimitruk said.
Lujan, who represents himself in the litigation, told the court that Hillbroom is not expected to return to the jurisdiction and attend the trial scheduled for December 2021 or soon thereafter.
Lujan said Hillbroom was indicted in Idaho on July 15, 2020 on the charge of conspiracy to distribute methamphetamine.
“If convicted, plaintiff is subject to a mandatory minimum term of 10 years to life imprisonment,” Lujan said.
In addition, Lujan said Hillbroom is still a fugitive from Palau, where he would face the possibility of a 30-year sentence if he returned there.
“In light of the foregoing, trial in this matter will probably be further delayed with no end in sight, due solely to plaintiff’s intentional and criminal conduct,” Lujan said.
Israel and Lujan represented Hillbroom when he was a minor in securing $90 million from the Larry Lee Hillblom estate.
When he became an adult, Hillbroom sued his former lawyers for malpractice, among other allegations. He also sued his former trustee, Keith Waibel, for conspiracy.
Hillbroom alleged that the defendants committed extrinsic fraud on the Guam guardianship court by denying him a fair opportunity to challenge their 56% retainer.
In July 2020, Hillbroom agreed to dismiss Israel from the lawsuit following a settlement agreement.
Hillbroom is one of the four DNA-proven heirs of DHL Corp. founder Larry Lee Hillblom who died in a plane crash in 1995 near Saipan leaving behind him an estate estimated at about $600 million.
David Lujan
